Last Updated on April 24, 2019 by LawEuro
Communicated on 7 March 2019
FIRST SECTION
Application no. 79509/17
Tomasz Zbigniew RUSSJAN
against Poland
lodged on 9 November 2017
STATEMENT OF FACTS
The applicant, Mr Tomasz Zbigniew Russjan, is a Polish national who was born in 1970 and is detained in Gdańsk Detention Centre. He is represented before the Court by Mr K. Szocik, a lawyer practising in Gdańsk.
A. The circumstances of the case
The facts of the case, as submitted by the applicant, may be summarised as follows.
In 2012 the prosecution service began an investigation into allegations of fraud by a company called The Treasury Polish Financial Corporation (Polska Korporacja Finansowa “Skarbiec”), which was on an unspecified date renamed “Cash Loan” (Pożyczka Gotówkowa). The company was founded by the applicant in 2004 and offered loans on condition of payment of fees. It operated until 2014. In 2017 it was declared bankrupt.
On 26 January 2015 the applicant was arrested by the police.
On 27 January 2015 the Gdańsk-Południe District Court (Sąd Rejonowy) ordered that the applicant be detained on remand for three months in view of the reasonable suspicion that he had committed large-scale fraud (X Kp 84/15, VI Ds 65/12). The court cited the likelihood that the applicant might try to interfere with the proper course of the proceedings because of the likelihood of a severe sentence being imposed on him.
Following an appeal by the applicant, on 16 February 2015 the Gdańsk Regional Court (Sąd Okręgowy) upheld that decision.
The applicant’s detention on remand was extended on 23 April 2015 by the Gdańsk Regional Court, which, aside from the same reasons as given in the decision of 27 January 2015, pointed out that the applicant’s accomplice had taken steps to leave the country. It was therefore possible that the applicant also planned to abscond. Moreover, aid in gathering evidence was requested from the authorities in other countries, and an analysis of the bank accounts was being prepared.
Following an appeal by the applicant, on 13 May 2015 the Gdańsk Court of Appeal (Sąd Apelacyjny) eliminated one of the legal bases of the detention (concerning the fear of his absconding) and upheld the remainder of the challenged decision.
The Gdańsk Regional Court extended the applicant’s detention on 21 July 2015.
On 9 September 2015 the Gdańsk Court of Appeal changed the end date of the detention, eliminating from the legal basis the fear of absconding and upheld the remainder of the decision.
On 20 October 2015 the Gdańsk Regional Court extended the detention, but decided that the applicant could be released on bail in the amount of 500,000 Polish zlotys (PLN – approximately 125,000 euros (EUR)).
Following an appeal by the prosecutor against the decision to release the applicant on bail, the decision was stayed. On 27 October 2015, the Gdańsk Court of Appeal quashed the decision allowing the applicant’s release on bail. The court pointed out that, if released, the applicant could try to interfere with the proper course of the proceedings, in particular to go into hiding or to abscond, because of the likelihood of a severe sentence being imposed on him.
Subsequently, the Gdańsk Court of Appeal extended the applicant’s detention on 7 January, 12 April, 6 July and 11 October 2016 and 4 January, 5 April, 5 July, 28 September and 28 December 2017.
Following appeals by the applicant, these decisions were upheld by the Gdańsk Court of Appeal.
In the decision of 4 January 2017 the Gdańsk Court of Appeal, when describing the complexity of the case, pointed out that the main case file comprised 482 volumes and that the complete documentation amounted to more than 2,950 volumes.
On 3 April 2018 the Gdańsk Court of Appeal extended the applicant’s detention on remand, and decided that the applicant could be released on bail in the amount of PLN 5,000,000 (approximately EUR 1,250,000). The prosecutor and the applicant appealed.
On 25 April 2018 the Gdańsk Court of Appeal amended the bail order so that the applicant was to pay PLN 3,000,000 (approximately EUR 750,000) and secure a further PLN 5,000,000 (approximately EUR 1,250,000) by re‑mortgaging property belonging to him and other members of his family. The court stated that the amount of bail should have corresponded to the damage that had allegedly been caused by the applicant and not only to the financial means available to him.
On 27 June 2018 the Gdańsk Court of Appeal extended the applicant’s detention on remand, and decided that he could be released on bail in the amount of PLN 5,000,000 (approximately EUR 1,250,000). The applicant appealed.
On 25 July 2018 the Gdańsk Court of Appeal upheld that decision.
On an unspecified date in September 2018 a bill of indictment was lodged with the Gdańsk Regional Court.
On 28 September 2018 the Gdańsk Court of Appeal extended the applicant’s detention on remand until 31 December 2018 and decided that he could be released on bail in the amount of PLN 4,000,000 (approximately EUR 1,000,000).
B. Relevant domestic law and practice
The relevant domestic law and practice concerning the imposition of detention on remand (aresztowanie tymczasowe), the grounds for its extension, release from detention and rules governing other “preventive measures” (środki zapobiegawcze) are set out in the Court’s judgments in the cases of Gołek v. Poland (no. 31330/02, §§ 27-33, 25 April 2006) and Celejewski v. Poland (no. 17584/04, §§ 22-23, 4 August 2006) and, more recently, Kauczor v. Poland (no. 45219/06, §§ 26-27, 3 February 2009).
COMPLAINT
The applicant complains under several Articles of the Convention of the unreasonable length of his detention on remand. He submits that the amount of bail set by the courts was excessive and could not be paid by him.
QUESTION TO THE PARTIES
Was the length of the applicant’s pre-trial detention in breach of the “reasonable time” requirement of Article 5 § 3 of the Convention?
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